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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64501
Experience:  Over 5 years in practice.
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I responded to an Order for recovery of unpaid penalty charge

Customer Question

I responded to an Order for recovery of unpaid penalty charge by filing a statement form TE9 but given no response from court, instead received 2 bailiffs notices 3 months later. Do I have any recourse?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
THIS ANSWER IS LOCKED!
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Expert:  Jo C. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Jo C. replied 1 year ago.
I've converted this to q and a because I couldn't respond in chat.

Do you deny the offence?
Customer: replied 1 year ago.

Sorry have just put all the details of incident on our initial chat,


I received a PCN in June for parking outside bay area, not within lines. It is a notoriously difficult parking lot that is difficult to manoeuvre in and congested making it hard to get a perfect fit. I responded to PCN as instructed on reverse of tkt, HOW TO CHALLENGE THIS TKT, via email within 3 days. I received no response. I followed this up with several subsequent emails explaining my position and including photos of bay to illustrate point. I was anxious for a response as I wanted to avoid doubling fine if my challenge was rejected. I kept a detailed record of all my correspondence believing this proved intent and that I had responded within time limit.I recieved a notice to Owner in July, and a charge cert in Aug, no response to challenge tho, so I kept writing asking why they had not responded to initial emails providing copies of all, saying I would not pay increased fine. They provide no way other than post or email to contact them making communication difficult. In sept I recieved an Enquiry Response rejecting my challenge saying it was to late! Again I responded including hard copies of all communication detailing my immediate challenge as I felt I should not have to pay more than initial tkt. In Jan I received Order for Recovery and filled out form provided asking to make a statement and detailing events. I received nothing more until 2 weeks ago when I received notice from Bailiff.I want to know if I should file TE9 again and TE7 to file a statement, fine has now gone from 30 to £414 for Attendance to remove.


 

Expert:  Jo C. replied 1 year ago.
OK.

But forget all of that.

Do you have a defence to the actual charge of parking outside of the lines?

Customer: replied 1 year ago.

A defence yes, but actually don't care to pursue that as I have no evidence other than photos from a different day. What I do want to contest at this point is escalation in fee

Expert:  Jo C. replied 1 year ago.
OK.

On what grounds did you fill out the out of time stat dec?

I am due in court this afternoon so don't panic if I don't come back straight away. I will pick up this afternoon.
Customer: replied 1 year ago.

Yes, responded to each notice immediately and have copies of all emails, letters etc.

Expert:  Jo C. replied 1 year ago.
Ok

But what were the grounds for the out of time stat dec?
Customer: replied 1 year ago.

what is out of time stat dec?

Expert:  Jo C. replied 1 year ago.
Ok

You made two stat decs? One in time and one out I think. I need to know what grounds you gave for the out of time stat dec?

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